Sprague v. Smith
Supreme Court of Vermont
Action on the case to recover damages for injuries received by the plaintiff as a railroad passenger of the defendants. The writ originally issued against Charles 0. Whitman and John E. Thayer, as co-defendants with Smith, but as to them there was a non est return.
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Action on the case to recover damages for injuries received by the plaintiff as a railroad passenger of the defendants. The writ originally issued against Charles 0. Whitman and John E. Thayer, as co-defendants with Smith, but as to them there was a non est return. The defendant Smith plead the general issue, which was tried by jury, June Term, 1856, — Poland, J., presiding,— when the following facts appeared : The three defendants named in the plaintiff’s writ were trustees of what are called the first mortgage bonds of the Vermont Central Railroad Co., under a mortgage executed by that…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, Ch. J.
I. The defendants are trustees for the benefit of certain bondholders of the Vermont Central Railroad, and as such, assignees of the company. The first question made in the case is, whether the defendants are personally liable upon the contracts made by the operatives upon the road, or for their negligence or misconduct, while they continue to operate the road, and receive freight and pay for carrying passengers, for the benefit of the cestuis que trust.
It is well settled in practice, and by repeated decisions, that the lessees of…
2Cases cited3 opinions
- Robinson v. ConeSupreme Court of Vermont · 1850
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
3Cited by26 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Kain v. . SmithNew York Court of Appeals · 1880
- Lyman v. Central Vermont R. R.Supreme Court of Vermont · 1886
- Engel v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1893
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